Former employee hits Apple with unpaid overtime suit

A new lawsuit accuses Apple of failing to pay its employees proper wages for overtime work, alleging the Mac-maker demanded its employees put in more than 40 hours per week without proper compensation.

Filed in a U.S. District Court in Miami, Fla., this week, the class-action suit, on behalf of former Apple employee Kenyon Zahner and other unnamed plaintiffs, claims that the employer violated the Fair Labor Standards Act, and that the employees are entitled to compensation for their unpaid overtime.

"During Plaintiff's employment, Defendant (Apple) required Plaintiff (Zahner), a non-exempt employee under the FLSA, and others similarly situated, to work in excess of forty (40) hours per work-week, and willfully refused to compensate Plaintiff, and others similarly situated, for all such work pursuant to the FLSA," the suit reads.

The four-page lawsuit offers minimal details on Zahner or his role in Apple. It does not mention whether he worked at an Apple Store or elsewhere, or what he did for the company. It simply says that Zahner is a former employee of Apple in Florida. The company yet has not filed a response with the court.

Zahner and his co-plaintiffs were unable to produce the exact amount of overtime they believe they are owed. The suit alleges that the hours worked by the employees are in the "exclusive possession and sole custody and control" of Apple. The court filing states that the employees are entitled to time-and-a-half pay for their overtime work.

"The Plaintiff, however, will exert diligent efforts to obtain such information by appropriate discovery proceedings, to be taken promptly in this case," the suit reads.

The suit asks for compensation according to the FLSA, including liquidated damages and coverage of attorney costs and court fees. The plaintiffs have requested a trial by jury. The suit was filed Monday in a Broward County, Fla., court.

I can see how if you use a digital time clock, you get lazy and just punch in and out without keeping track. However, you should receive a copy of your hours when you get paid. Even if you trusted the company and never looked at it, you should probably start doing so and keeping track of your own hours if you think you are being unfairly compensated. How can you prove a case if you don't have, you know, proof?

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

+1 and I share you situation (consulting?). I often come across articles of people bit*ing about working 10 extra hours over one month and not getting paid. We're usually in a good spot when we're "only" working 50hrs / week. Lolol

I recall similar claims made many years ago against Apple. This sort of thing should be worked out in mediation.

Quote:

Originally Posted by bobringer

Welcome to the United States of France.

Waaaaaaaa, waaaaaaa...

I work about 70 hours a week. Very little sympathy of those afraid of a good day of hard work.

If I recall correctly, the previous issue was an exempt employee (ie, salaried; ie, you get paid the same regardless of how many hours you work, for those who may not be familiar with the terms).

I'm in the same boat as you, bobringer. I assume you are also an exempt employee. But if this guy is non-exempt, and is being paid hourly (vs a set salary), then he should be getting paid for overtime. In the rare circumstance that he works less than 40 hours, you can bet Apple will pay him less. If he works more he should get paid more, depending on the specific Florida laws that govern non-exempt employment.

That said, if he can't prove the hours he worked, he's going to have a tough time in court.